Feeds

Microsoft to Apple: 'Oh, yeah? Well, your font is too small'

Size matters in trademark smackdown

Top three mobile application threats

Microsoft has filed another legal salvo at Apple in the ongoing dust-up over whether the term "App Store" is worthy of being trademarked.

Microsoft's latest argument? That the font Apple used in its response to Redmond's opposition to the trademark application was too small.

Seriously. We can't make this stuff up.

Microsoft also complained that Apple's filing was too long. "Apple's response brief is 31 pages, including the table of contents and table of authorities, and on information and belief, is printed in less than 11 point font," reads Microsoft's Motion to Strike.

"Under the rules," Microsoft continues, "Apple's brief cannot exceed 25 pages in its entirety, including the table of contents and table of authorities, and must be printed in at least 11 point font."

Judge for yourself. Here's a snippet of Apple's rebuttal to Microsoft's Opposition filing:

Detail of Apple's USPTO argument against Microsoft

Naughty, tiny Apple font (click to enlarge)

And here's a sampling of Microsoft's Motion to Strike:

Detail of Microsoft's USPTO argument against Apple

Robust, manly Microsoft font (click to enlarge)

The main body of Apple's rebuttal, for the record, is 25 pages long, the table of contents is two pages, and the table of authorities – settled cases that support Apple's rebuttal – is four pages.

We await Apple's argument that the table of contents and table of authorities should not be counted as part of the allowed 25-page maximum. Perhaps there may also be a discussion of how many of those authorities can dance on the head of a pin.

If you're new to this legal tap dance, a bit of background: in July of 2008, Apple filed an application with the USPTO to trademark the term "App Store". In January of this year, Microsoft filed its opposition, contending that the term was too generic to be trademarkable.

Early this month, Apple responded to Microsoft's objections, citing expert testimony that, among other things, claimed that the term "App Store" – or, in applicationese, "APP STORE" – is used to describe Apple's online store in 88 per cent of the references found in The Corpus of Contemporary American English (COCA), "an online collection of over 410 million words of popular texts."

Apple also tweaked Microsoft for using "a hodge-podge of out-of-context snippets of material" in its opposition filing, and that their counsel's "untutored survey is entitled to no weight whatsoever."

And now Microsoft – possibly to buy time to think up a better response – wants Apple to "be given leave to file a brief that complies with the rules and does not add any new matter or arguments."

Shakespeare's Henry VI Part 2, Act IV, Scene 2, Blackheath. Dick the Butcher speaks: "The first thing we do, let's kill all the Lawyers." ®

Top three mobile application threats

More from The Register

next story
Sorry London, Europe's top tech city is Munich
New 'Atlas of ICT Activity' finds innovation isn't happening at Silicon Roundabout
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.